Legal Opinion

City of St. Joseph v. Union Railway Co.

Supreme Court of Missouri

Decided June 19, 1893PublishedCited by 25 opinions

Appeal from Buchanan Circuit Court. — Hon. A. M. "Woodson, Judge. (1) The court erred in overruling defendant’s objection to the introduction of testimony under plaintiff’s petition. It failed to state a cause of action.

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Appeal from Buchanan Circuit Court. — Hon. A. M. "Woodson, Judge. (1) The court erred in overruling defendant’s objection to the introduction of testimony under plaintiff’s petition. It failed to state a cause of action. Littleton v. Richardson, 34 N. H. 179; Garrison v. Babbage Transportation Co., 94 Mo. 130; Russell v. Place, 94 U. S. 608; Packet Co. v. Sickles, 5 Wall (U. S.) 592; '2 Black on Judgment, sec. 617; Inhabitants v. Railroad,, 40 Mass. 34; Bobbins v. Chicago, 4 Wall (U. S.) 357. (2) The court erred in admitting the bill of exceptions taken in the case of Tippin v. St. Joseph, to…

1Opinion of the CourtBlack, P. J.

William Tippin recovered a judgment against the city of St. Joseph for $6,000, compensation for personal injuries which he sustained by reason of a defective street. The judgment was affirmed on appeal to this court, and thereafter the city paid the judgment and then brought this suit against the defendant, a street car company, to recover the amount so paid to Tippin and the costs and expenses of that suit.

Tippin alleged in his petition that Sixth street, at a designated place, was unsafe and dangerous in this, to-wit: “The same was rough and uneven and there existed in the same excavations,…

2Cases cited6 opinions

  1. Strong v. Phœnix InsuranceSupreme Court of Missouri · 1876
  2. Hickerson v. City of MexicoSupreme Court of Missouri · 1874
  3. Wright v. SalisburySupreme Court of Missouri · 1870
  4. Spradling v. ConwaySupreme Court of Missouri · 1872
  5. Catterlin v. City of FrankfortIndiana Supreme Court · 1881

1 more not listed; retrieve them via the Exa API.

3Cited by25 opinions

  1. Wells v. Hartford Accident and Indemnity CompanySupreme Court of Missouri · 1970
  2. Missouri District Telegraph Co. v. Southwestern Bell Telephone Co.Supreme Court of Missouri · 1936
  3. B. Roth Tool Co. v. New Amsterdam Casualty Co.Court of Appeals for the Eighth Circuit · 1908
  4. Kansas City, Memphis & Birmingham Railroad v. Southern Railway News Co.Supreme Court of Missouri · 1899
  5. Listerman v. Day and Night Plumbing & Heating Serv.Missouri Court of Appeals · 1964

20 more not listed; retrieve them via the Exa API.

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